As I have said before and must say yet again. I am a paralegal not a lawyer, so this is in no way to be taken as, meant to be or construed as legal advice. This is legal information only. Let’s not forget that when a Paralegal and or a Lawyer becomes involved your problem becomes an ISSUE.
Okay Folks, last time we talked it was about the Green Card Lottery, now let us talk about another way to a green card. A K-3 non-immigrant visa or Marriage Green Card.
There is a long-standing fairy tale, that with a quickie marriage an immigrant cannot be deported. For once married an immigrant automatically becomes an US Citizen. If that was ever true it no longer true. It is possible to use marriage to become a U.S. lawful permanent residence or help an immigrant get a green card.
Most marriages are recognized unless they come into conflict separately with federal law. For example same-sex marriages were not recognized until the Defense of Marriage Act was repealed in 2013.
However don’t ever believe one of these marriage is a quick fix. Once you have completed all the paperwork and gathered all the evidence needed, it could almost two years to get that application processed. That is if all the forms and documents I’s were doted and T’s were correctly crossed the first time. Let us not forget ‘clerical error’.
Okay let’s start with marriage and children and the paperwork involved…
If the intended spouse comes from a country that recognize and accept same-sex marriage and the couple chose marriage then the marriage must take place in the spouse’s country. Then the United States will recognize such a marriage as legal and valid. The same holds true if a marriage takes place in one of the States that recognized same-sex marriage granting a spouse all the same rights and privileges a marriage visa grants heterosexual marriage.
Unfortunately minor children are not automatically included in A K-3 non-immigrant visa or the Marriage Green Card. However with a little more paperwork the can be.
1. So if a foreign spouse was married once before or fooled around a little while somewhat younger and now has a couple minor aged children. A foreign spouse does not have to leave or abandon them when a spouse marries an American citizen. You just include Form I-130, U.S. citizen immediate relative with the marriage visa application. This application is supposed to be given equal processing priority the same as your K-3 Marriage Green Card application. Same-sex applications that include an I-130 are to be treated just the same.
You know there are a lot of different types of Green Cards associated with a Marriage Green Card. Like a fiancé visa, visas to bring Mom and Pop and or Cousin Fred.
Next week more on the Green Card Marriage.